TubeHarvester Terms of Use
This TubeHarvester Terms of Use Agreement (the “Agreement” or “Terms of Use) is made between TubeHarvester.com (“Site”, “we”, “us” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of TubeHarvester owned-and-operated Services. You are also agree to our Privacy Policy and Cookie Policy, and agree to follow any other rules on the Site.
You should read the Terms of Use because it is our legally binding agreement. The Terms of Use includes information about your legal rights (e.g. automatic subscription renewals, resolution of disputes and limitations of liability).
From time to time these Terms may be changed. You can always find the most recent version of our Terms of Use on this page. All changes are effective immediately upon posting. Please review our terms frequently to stay updated on changes that may affect you. Your continued use of the Services signifies your agreement to be bound by this revised terms.
The Terms of Use are personal to you. You cannot assign them, transfer them, or sublicense them unless you get TubeHarvester's prior written consent. TubeHarvester has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. TubeHarvester will provide you notice via email or by conspicuously posting the notice on our Site.
Your membership and private account
Age requirements: using our Services you represent that you are at least 18 years old.
Private account accessability: we may modify, suspend or terminate your account or access to the Services in order to protect our brand or Service if we determine that you have violated this Agreement (including any of the policies that are part of this Agreement) or if you intimidate our brand or Service. We also may remove free accounts if they are inactive for a long period of time.
Registration: to create an account to use features we offer, you must provide an email address. You must keep your email address valid and current so that we are able to contact you.
Account Security: you are responsible for all activity that occurs under your account. You must protect the confidentiality of your account credentials and must not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Fees and payments
Fees: we charge fees for the use of our Services. If you are using our Services you agree to pay fees and any associated taxes. In any case of fees change we inform you on our Site. All fees and all transactions are in the US dollars. It is your responsibility to pay any additional fees or taxes. We are not responsible for the performance of payment providers.
Automatic subscription renewal: fees charged by the use of our Services are billed on a recurring basis. You pay fees in advance, before the applicable period specified on the Service. We will automatically bill you for each renewal period until cancellation. By purchasing any TubeHarvester subscription, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. Auto-renewal or subscription cancellation can be done at any time.
Free accounts: you can use free accounts to use our Services, however, the functionality is limited. We can change the limit any time on our personal consideration.
Refund policy: you may cancel and receive a full refund of your initial purchase within seven (7) days. All rights to use our Services will be revoked for your account once your refund request is processed. Please note: you can cancel your subscription at any time but refunds are not allowed for subsequent recurrent billings.
License policy
You acknowledge that our Services may contain a code which detects and prevents unauthorized use of our Services.
When using our Services you acknowledge that you have a non-exclusive, non-transferrable license to use our Services while you membership remains active. This License is personal and it is prohibited to transfer the License to any third party under any circumstances. All rights not expressly granted herein are reserved.
Copyright and intellectual property
TubeHarvester's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws.
Our Services are copyrighted and licensed, not sold. Titles of our Services are not transferred to you. Program code, documentation and processes are the exclusive and proprietary property of TubeHarvester. TubeHarvester retains all rights and titles in the Services and all copies and portions thereof. Title, ownership rights, and intellectual property rights of any third party contents accessed through our Services are the properties of the applicable content owners and may be protected by applicable copyright or other laws. This License gives you no rights to such contents.
If you have any claims of copyright infringement, please contact us:
wecare@tubeharvester.com.
Youtube services
TubeHarvester uses YouTube API Services to present publicly available video information. By using our Services, you agree to be bound by the YouTube Terms of Service (
https://www.youtube.com/t/terms). TubeHarvester includes direct links to YouTube for video playback. In addition, TubeHarvester does not connect or require any access or permissions to your Google or YouTube account. We does not access or collect any authorized data or user information from your Google or YouTube account. For more information on Google privacy policies, you may refer to
http://www.google.com/policies/privacy.
Restrictions
You must:
- - not allow third-parties to use your account of our Service, you will be responsible for any unathorized activity of our Services from your account;
- - not sell, resell, rent, or lease our Services;
- - not modify, create derivative works, or attempt to discover the source code of our Services;
- - not remove any proprietary notices or labels on our Services;
- - not use our Services to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights;
- - not use our Services to store or transmit malicious code;
- - not interfere with or disrupt the integrity or performance of our Services;
- - not engage in excessive usage of our Services, as determined by TubeHarvester in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of our Services, or disrupts the availability of our Services for other users.
We are not responsible for
TubeHarvester is not responsible for losses and damages which occured while using our Services. All content you access using our Services is it your own risk. You are solely responsible for any damage or loss to any party and you relize TubeHarvester from claims or demands of every kind.
Excessive use of out Services
The user accounts of our Services operate on shared resources. Excessive use of the shared network resources by one user may have a negative impact on other users, as it impairs the Service performance. You acknowledge that we have the right to limit the number of transmissions you may send or receive through our site or other resources you may use. TubeHarvester reserves the right at any time to modify or discontinue, temporarily or permanently, your access to our Services with or without notice.
Third-party websites
TubeHarvester contains links to other websites, however, we do not control them and you access these websites at your own risk.
We work with Stripe for payment processing. When you sign up, you agree to Stripe's terms of service.
Account deactivating policy
You can deactivate your account at any moment by cancelling your subscription with the payment provider OR by sending a cancellation request to
wecare@tubeharvester.com. Some information may be retained if required by law or is necessary for our legitimate business purposes.
When your account is deactivated, all your license rights to TubeHarvester are terminated. Any suspected fraudulent, abusive or illegal activity is the reason to deactivate your account, regardless of any reasons your right to use our Services immediatly ceases. You acknowledge and agree that we may immediately deactivate or delete your account and all information in your account; you acknowledge that we are not liable to you or any third party for any claims or damages arising out of any deactivation, termination or suspension.
TubeHarvester's rights
We reserve these rights:
- - to make changes to our Site and Services without notice or liability;
- - to decide who is eligible to use TubeHarvester. We can deactivate accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use TubeHarvester in that jurisdiction;
- - to reject to reject, cancel, interrupt, remove, or suspend any account at any time and for any reason.
TubeHarvester is not liable for any damages as a result of any of these actions, and is not required to comment on the reasons for any such action.
Disclaimers
TubeHarvester provides the services on an “AS IS” and “AS AVAILABLE” basis. You use the Services at your own risk. You must provide your own device and internet access.
You accept the total and sole responsibility for the usage of our services. TubeHarvester is not responsible for any system malfunction while using our Services. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. TubeHarvester Services are provided "as is" and TubeHarvester makes no warranties, express, implied, or otherwise, and expressly disclaim all warranties. TubeHarvester does not warrant the performance or results you may obtain by using our Services. If you discover a technical issue with our services, please let us know. We may release updates from time to time at our sole discretion.
TubeHarvester specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warrnties implied by any course of dealing, course of performance, or usage of trade. No advice or information (oral or written) obtained by you from TubeHarvester shall create any warranty.
Indemnification
You will indemnify, defend, and hold harmless TubeHarvester and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or relating to: the content you submit to or through the Services; and allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
Limitation of Liability
To the extent permitted by applicable law: TubeHarvester shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if TubeHarvester has been advised of the possibility of such damages; and TubeHarvester's total liability to you, except for TubeHarvester's contractual payment obligations hereunder (if any), shall not exceed the amounts paid by you to TubeHarvester over the twelve (12) months preceding your claim(s) or one hundred dollars (USD $100), whichever is greater.
Disputes
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
Using our services you agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
Severability
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
Force Majeure
TubeHarvester is not liable for any delay or failure caused by:
- - natural disasters (including hurricanes and earthquakes);
- - disease, epidemic, or pandemic;
- - terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes;
- - nuclear, chemical, or biological contamination;
- - collapse of buildings, fire, explosion, or accident;
- - labor or trade strikes;
- - interruption, loss, or malfunction of a utility, transportation, or telecommunications service;
- - any order by a government or public authority, including a quarantine, travel restriction, or other prohibition;
- - any other circumstance not within TubeHarvester's reasonable control, whether or not foreseeable (each a “force majeure event”).
In the event of a force majeure event, TubeHarvester shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.